Vermont Bar Journal, Vol. 40, No. 2 VBA Journal, Winter Issue, Vol. 41, No. 4 | Page 18

On 3. 4. 18 action rather than the action being done by the actor. The first step to avoiding the passive voice is rec- ognizing it. Often, sentences with the passive voice have the word by, making the passive voice easy to spot. The dog was lost by the dog sitter. To make that sentence active, take what comes after the by and make that the subject. The dog sit- ter lost the dog. Finding the passive voice is harder when there is no by as is in the example in question 1. In that case, use this test: it will (al- most 2 ) always work: look for a form of the verb to be and a past parti- ciple. Common forms of the verb to be are is, am, are, was, and were, been and being. Past participles are past-tense words that usually end in –d or –ed. There are lots of irregu- lar past participles though, like lost. So just look for a form of the verb to be + a past tense word. To make number 1 active, you have to sup- ply the actor: My husband left the dog home alone all day and he de- stroyed the house. The other sen- tences are not passive – they have the form of the verb to be, but not the past tense word. Legal Writing pro Bryan Garner tells us to think of a semicolon as “king comma.” 3 It does “the work that a comma might ordinarily do if it weren’t for some need for a stron- ger break in a sentence.” In my ex- perience, some writers stay away from semicolons because they are afraid of them. Not in 2017! Use a semicolon to separate two inde- pendent clauses not joined by a conjunction as in A. B is wrong be- cause you don’t need a capital let- ter after the semicolon. Under a new-fangled approach sanctioned by Garner, C is also correct because a semicolon may be used instead of a comma to separate two indepen- dent clauses connected by a coordi- nating conduction. Garner says, do this when “the stronger break may be useful to either help the reader understand a complex statement or to indicate more of a break than a comma would provide.” 4 Our Legal Writing Program professors wide- ly eschewed Garner’s thinking here, characterizing it as an unnecessary “belt and suspenders” approach. But if you want to take more risks in 2017, I say go for it! All of these colon uses are correct. The colon is like the semicolon, but better. It “creates a pause rough- ly equivalent to that of the semico- lon. But unlike a semicolon, the co- 5. 6. 7. lon points to what follows it . . . .” 5 Garner tells us to think of the colon as an arrow or pointing finger. 6 In A, the colon correctly lets the reader know what logically flows from the preceding clause. B shows us how to use a colon to introduce a list. Though not required, you may use an introductory word like “follow- ing, as follows, or here” before a co- lon to introduce a long list. C shows us the colon’s use in introducing a quotation. The most vexing issue that arises with signals is when not to use a signal. According to the Bluebook, use no signal in these circumstanc- es: (i) the cited authority “direct- ly states the proposition, (ii) iden- tifies the source of a quotation; or (iii) identifies an authority referred to in the text.” 7 New citers are of- ten confused by the meaning of part (i) of the rule. They mistakenly think that if they are not using a direct quote, they need a signal, like see. But as long as the statement is a di- rect proposition from the case, even if paraphrased, you don’t need the see. Question 5 is just that case. I confess. I have trouble with which/ that and have to think about the rule every time I encounter the problem. I usually solve the problem with a backwards approach – I think about whether I need a comma or not. If I need a comma, it must be which be- cause you don’t use a comma with that. That’s a hard approach to ex- plain to students because they don’t know when you need a comma. So lately, I say to myself that-is-restric- tive. The rule is to use that to intro- duce a restrictive clause and which (after a comma) to introduce a non- restrictive clause. I have trouble vi- sualizing a nonrestrictive clause so I think of a nonrestrictive clause as additional information as opposed to limiting information. So here, in A, that is restrictive, and thus re- ferring to only classes that are on Wednesdays. Which provides addi- tional information (the location), so the sentence is referring to all class- es. Want some additional informa- tion about those classes? They are held on Wednesdays. A nominalization is when you take a verb and make it a noun, usual- ly by adding –tion to the base verb form. Lawyers and bureaucrats love these. 8 You know who hates nomi- nalizations? Readers. They result in abstract text. The nominalization in number 7 is determination. By un- covering the buried verb, you make THE VERMONT BAR JOURNAL • WINTER 2016-17 8. 9. 10. 11. 12. 13. 14. 15. the writing more concrete and read- able. C is the best because it gets rid of the nominalization and the passive voice – a win-win. Periods (and commas) go inside quotation marks. Semicolons and colons go outside quotation marks. Question marks and exclamation points go inside or outside depend- ing on whether they are part of the original quotation. 9 Use a plural verb after a plural sub- ject and a singular verb after a sin- gular subject. A compound sub- ject joined by and is plural. C is very tricky. Garner tells us to use a “sin- gular verb with two or more singular subjects joined by or or nor.” 10 Congress is a singular noun. Add ‘s to the end of word to form the possessive of a singular noun. So, the po